Opinion
Case Number: 07CR0136-W
05-18-2012
UNITED STATES OF AMERICA v. FORREST JAMES WILLIAMS (1)
Kurt David Hermansen Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
(For Revocation of Probation or Supervised Release)
(For Offenses Committed On or After November 1, 1987)
Kurt David Hermansen
Defendant's Attorney
REGISTRATION No. 02405298 []
THE DEFENDANT:
[×] admitted guilt to violation of allegation(s) No, ONE
[] was found in violation of allegation(s) No. _________after denial of guilt.
ACCORDINGLY, the court has adjudicated that the defendant is guilty of the following allegation(s):
+--------------------------------------------------------------+ ¦ Allegation Number ¦ Nature of Violation ¦ +-------------------+------------------------------------------¦ ¦1 ¦Unlawful use of controlled substance (nv3)¦ +--------------------------------------------------------------+
Supervised Release is revoked and the defendant is sentenced as provided in pages 2 through 5 of this judgment. This sentence is imposed pursuant to the Sentencing Reform Act of 1984.
IT IS ORDERED that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant shall notify the court and United States Attorney of any material change in the defendant's economic circumstances.
MAY 18, 2012
Date of Imposition of Sentence
____________
HON. THOMAS J. WHELAN
UNITED STATES DISTRICT JUDGE
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of TIME SERVED AS OF MAY 21, 2012 [] The court makes the following recommendations to the Bureau of Prisons: [] The defendant is remanded to the custody of the United States Marshal. [] The defendant shall surrender to the United States Marshal for this district:
[] at __________________ [] a.m. [] p.m. on ___________________________________________ .[] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
as notified by the United States Marshal.
[] before _______________________________
[] as notified by the United States Marshal.
[] as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows:
Defendant delivered on ___________________________ to ________________________________________ at _______________________________ , with a certified copy of this judgment.
_____________________
UNITED STATES MARSHAL
By _______________________
DEPUTY UNITED STATES MARSHAL
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: THIRTY-FIVE (35) MONTHS
The defendant shall report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons. The defendant shall not commit another federal, state or local crime.
For offenses committed on or after September 13, 1994:
The defendant shall not illegally possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter as determined by the court. Testing requirements will not exceed submission of more than 8 drug tests per month during the term of supervision, unless otherwise ordered by court. [] The above drug testing condition is suspended, based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.) [×] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon. [×] The defendant shall cooperate in the collection of a DNA sample from the defendant, pursuant to section 3 of the DNA Analysis Backing Elimination Act of 2000, pursuant to 18 USC sections 3563(a)(7) and 3583(d). [] The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (Check, if applicable.) [] The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)
If this judgment imposes a fine or restitution obligation, it is a condition of supervised release that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of Payments set forth in this judgment.
The defendant must comply with the standard conditions that have been adopted by this court. The defendant shall also comply with any special conditions imposed.
STANDARD CONDITIONS OF SUPERVISION
1) the defendant shall not leave the judicial district without the permission of the court or probation officer; 2) the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month; 3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; 4) the defendant shall support his or her dependents and meet other family responsibilities; 5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons; 6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment; 7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician; 8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; 9) the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer; 10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer; 11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; 12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; and 13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement.
SPECIAL CONDITIONS OF SUPERVISION
[×] Submit person, residence, office or vehicle to a search, conducted by a United States Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release; failure to submit to a search may be grounds for revocation; the defendant shall warn any other residents that the premises may be subject to searches pursuant to this condition.
[] If deported, excluded, or allowed to voluntarily return to country of origin, not reenter the United States illegally and report to the probation officer within 24 hours of any reentry to the United States; supervision waived upon deportation, exclusion or voluntary departure.
[] Not transport, harbor, or assist undocumented aliens.
[] Not associate with undocumented aliens or alien smugglers.
[] The defendant shall not illegally enter the United States of America during the term of supervised release.
[] Not enter the Republic of Mexico without written permission of the Court or probation officer.
[×] Report all vehicles owned or operated, or in which you have an interest, to the probation officer.
[] Not possess any narcotic drug or controlled substance without a lawful medical prescription.
[] Not associate with or have any contact whatsoever, with any gang member, gang associate, or affiliate, without prior approval from probation.
[×] Participate in a program of mental health treatment as directed by the probation officer, take all medications as prescribed by a psychiatrist/physician, and not discontinue any medication without permission. The Court authorizes the release of the presentence report and available psychological evaluations to the mental health provider, as approved by the probation officer. Allow for reciprocal release of information between the probation officer and the treatment provider. May be required to contribute to the costs of services rendered in an amount to be determined by the probation officer, based on the defendant's ability to pay.
[] Take no medication containing a controlled substance without valid medical prescription, and provide proof of prescription to the probation officer, if directed.
[×] Provide complete disclosure of personal and business financial records to the probation officer as requested.
[×] Not associate with or have any contact whatsoever, with any gang member, gang associate, or affiliate, without prior approval of the probation officer.
[×] Curfew is from 7:00P.M. to 7:00A.M.
[] Resolve all outstanding warrants within days.
[] Complete hours of community service in a program approved by the probation officer within
[×] Reside in a Residential Reentry Center (RRC) as directed by the probation officer for a period of up to 120 days
[×] Participate in a program of drug or alcohol abuse treatment, including urinalysis or sweat patch testing and counseling, as directed by the probation officer. Allow for reciprocal release of information between the probation officer and the treatment provider. May be required to contribute to the costs of services rendered in an amount to be determined by the probation officer, based on the defendant's ability to pay.
[×] X - The offender shall reside in a transitional housing facility designated by the probation officer for a period of up to 90 days, or until the probation officer approve an alternative residence. The Transitional housing may be provided through a halfway house, if available, or through lodging arranged by the probation office if necessary.
X - Be monitored while under supervision with location monitoring technology at the discretion of the probation officer, which shall be utilized for the purposes of verifying compliance with any court-imposed condition of supervision. The offender shall pay all or part of the costs of location monitoring based on their ability to pay as directed by the court and/or probation officer.
RESTITUTION
The defendant shall pay restitution in the amount of $2,369.00 unto the United States of America.
This sum shall be paid ___ immediately.
× as follows:
The defendant shall pay restitution in the amount of $2,369.00, to the Clerk, U.S. District Court, payable forthwith or through the Inmate Financial Responsibility Program during the period of incarceration, with the payment of any remaining balance to be made following the defendant's release from prison.
The Court has determined that the defendant does have the ability to pay interest. It is ordered that:
___ The interest requirement is waived.
___ The interest is modified as follows: